The Prevention of Sexual Harassment (POSH) Act, 2013, was enacted to create a safe workplace environment and ensure that incidents of sexual harassment are addressed promptly and effectively. A key aspect of the Act is the process by which employees can file a complaint if they experience sexual harassment at work. This article delves into the complaint filing procedure under the POSH Act, including the essential timelines, extensions, and rights of the complainant.
1. Who Can File a Complaint under the POSH Act?
The POSH Act allows any aggrieved woman to file a complaint if she has faced sexual harassment in the workplace. The complainant can be:
• A woman employed in any capacity (temporary, permanent, part-time, or full-time).
• An employee in an organization (including interns and contractual staff).
• A woman visiting the workplace or a client of the organization.
Additionally, if the complainant is unable to file a complaint due to physical or mental incapacity or for other valid reasons (such as death), her legal heir, a relative, or a person authorized by her can file the complaint on her behalf.
2. Procedure for Filing a Complaint
The POSH Act lays down a straightforward process for lodging a complaint of sexual harassment. This process ensures that the complainant’s rights are respected and that the complaint is handled with sensitivity.
a) Written Complaint
• The complaint must be submitted in writing by the aggrieved woman to the Internal Complaints Committee (ICC) at the workplace.
• The complaint should describe the incident(s) of harassment in detail, providing relevant facts, names, dates, and any available evidence.
• If the complainant is unable to provide a written complaint, the ICC is obligated to assist her in writing it down and recording her statement.
b) Timeline for Filing a Complaint
• The complaint must be filed within three months of the incident. In cases where there is a series of incidents, the complaint should be submitted within three months of the last occurrence.
• The three-month time limit ensures that the issue is addressed swiftly, minimizing the risk of workplace disruption and allowing the complainant to seek redressal without undue delay.
c) Extension of the Timeline
• Recognizing that certain circumstances might prevent the complainant from filing within the stipulated timeframe, the ICC has the authority to extend the deadline by an additional three months if there are reasonable grounds for the delay.
• For example, delays due to trauma, mental stress, or fear of retaliation are valid reasons for seeking an extension.
3. Employer's Role in Facilitating the Complaint Process
Employers are required to create an environment that encourages employees to report incidents of sexual harassment without fear of retaliation. The POSH Act mandates that employers should:
• Publicize the existence and composition of the Internal Complaints Committee (ICC) and make employees aware of the process for filing complaints.
• Ensure confidentiality during the complaint process, maintaining the privacy of both the complainant and the respondent.
• Provide assistance to the complainant, including offering legal support or guidance if necessary.
Employers who fail to comply with these requirements can be held liable under the law.
4. Rights of the Complainant During the Inquiry Process
Once a complaint has been filed, the POSH Act ensures that the complainant’s rights are protected throughout the inquiry process. The complainant is entitled to:
a) Confidentiality
• The details of the complaint, the identity of the complainant, and the proceedings of the inquiry must be kept confidential at all times.
• The ICC is required to take necessary steps to prevent the disclosure of sensitive information that could affect the complainant’s dignity or professional reputation.
b) Interim Relief
• During the course of the inquiry, the complainant may request interim relief from the ICC. This could include a temporary transfer of the complainant or respondent, granting leave to the complainant, or ensuring that the respondent is prevented from interacting with the complainant.
• These interim measures are designed to protect the complainant from further harassment or retaliation while the inquiry is ongoing.
c) No Retaliation
• The law strictly prohibits any form of retaliation against the complainant for filing a complaint of sexual harassment. The employer must ensure that the complainant is not subjected to adverse consequences, such as demotion, dismissal, or workplace discrimination, during or after the inquiry.
5. Complaint Resolution and Timelines for Inquiry
Once a complaint has been received, the Internal Complaints Committee (ICC) is required to initiate an inquiry into the matter. The POSH Act sets strict timelines for the entire inquiry process:
a) Inquiry Initiation
• The ICC must begin the inquiry process within seven days of receiving the written complaint. This includes notifying the respondent (the alleged harasser) and allowing them to provide their response to the allegations.
b) Duration of the Inquiry
• The inquiry must be completed within 90 days from the date the complaint was received. This timeline ensures a swift resolution of the matter, minimizing any potential disruptions or prolonged stress for the parties involved.
c) Submission of the Final Report
• After completing the inquiry, the ICC is required to submit its findings and recommendations to the employer within 10 days. The report will outline whether the complaint has been substantiated and recommend actions such as disciplinary measures, termination, or compensation.
d) Implementation of Recommendations
• The employer must act on the ICC’s recommendations within 60 days of receiving the report. Failure to do so may result in penalties under the POSH Act.
6. Failure to File a Complaint: Legal Recourse and Remedies
If the complainant does not feel comfortable filing a complaint with the Internal Complaints Committee (ICC) or believes that the ICC is not handling the matter appropriately, there are alternative legal remedies:
• Appeal to a Higher Authority: The complainant may appeal to a court or tribunal if dissatisfied with the outcome of the ICC inquiry or if the ICC fails to conduct a proper inquiry.
• File a Civil or Criminal Complaint: The complainant can also seek legal recourse by filing a civil or criminal complaint against the harasser if the harassment constitutes a punishable offense under Indian law.
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